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Georgia Family Law Questions & Answers
2 Answers | Asked in Family Law for Georgia on
Q: Can I still file for grandparent rights in GA after the unmarried parents were granted legal joint custody in GA?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 24, 2022

If the parents are not separated (which presumably they are if there is a joint custody order) and are not living together, a grandparent may file an original action for visitation rights.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Medical Malpractice for Georgia on
Q: Hello. I had a child born out of wedlock in Georgia, and the hospital stated by law I had to give him my (mother) last

(continued) name. My husband at the time of birth was not present and lived in another state. Did the hospital legally have to provide paperwork to me (mother) to prove that my husband was not the father and so that the child can take the biological father’s last name?

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 22, 2022

If you were married, the child was not born out-of-wedlock, so the child is considered legitimate and the child of your husband. The hospital does not have to prove otherwise.

1 Answer | Asked in Family Law for Georgia on
Q: How can someone be named the biological father in a custody determination but is not considered legitimized?

Required to pay child support but cannot change birth certificate

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jun 21, 2022

Because that's the law. The father has to file for legitimation in order to obtain custody rights and be added to the birth certificate.

1 Answer | Asked in Family Law for Georgia on
Q: I have been staying w them for almost a week and they wanna kick me out can they do that if I have no we’re to go and pr

My name is Faith Clem I’m 21 years old and I have been staying with my fiancés family we have a 3 month old son.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jun 19, 2022

You are not a tenant and have only been there a week. I'm assuming there is no signed lease. They do not have to let you live with them if they don't want to.

1 Answer | Asked in Family Law for Georgia on
Q: I need help with a temporary timesharing order for my children. We were recently involved in a car accident and are

This time sharing case was established in Florida, however I and the children reside in Georgia. The father resides in North Carolina. Under the order I am supposed to meet the father with the children in South Carolina, however myself and one of the children are under chiropractic care and... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jun 16, 2022

It's unclear where the case is filed. If the case is filed in Florida, you need to get a Florida attorney to assist you.

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can my ex husband put my 13 yr old away without my permission because he's mad about her moving with me ?

We have joint custody and he has say over her and our 6vyr old school and stuff and I have say over the 15 and 4 yr old school. And stuff she's 13 and wants to be with me and she doesn't need any help she's doing fine but he's threatening to put her away and I won't allow... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 14, 2022

I am not sure what you mean by "put away." If there is joint physical custody, then you and your ex-husband have equal physical custody rights that would be established by the parenting plan. Thus, your ex-husband cannot unilaterally infringe on your physical custodial rights without a... Read more »

1 Answer | Asked in Family Law and Probate for Georgia on
Q: Can an administrator decide how much to give an heir?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 11, 2022

No, the administrator must distribute the estate in accordance with the law or order of the court.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: During a temporary hearing in the state of Georgia, which ended with the judge not issuing a ruling but instead

Taking it under advisement, would it be acceptable for the plaintiffs lawyer to ask the judge if he wanted her to send him case texts to help make a decision? The defendant was self-represented only because the opposing side declined when lawyer requested to reschedule so he could familiarize... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 8, 2022

You should rely on the advice of your attorney, who knows the judge and tendencies. Case law is unlikely to make a difference in the judge's ruling unless there are particular legal issues involved.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I have a 24-year-old sister who's physically and mentally disabled. If she burned herself who would be held responsible?

My Mother files her as a dependent but does not legally have power of attorney over her. I am home most of the time with her and help take care of her with cooking and changing while my mom and dad work.

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 4, 2022

No one would be liable.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How much notice is needed to be given by the non-custodial parent in GA for summer vacation weeks?

Our papers state we alternate first choice of dates for 2 non-consecutive weeks yearly, dates given by April 15 each year. The papers do not state a deadline for the other parent. My problem is I work, need to arrange daycare, can’t put my son in camps and so forth without knowing as the... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 4, 2022

Unfortunately, there is no "standard," as it depends on the language of the parenting plan. The entire plan would have to be reviewed to see what the judge would determine.

It may be prudent to write a letter or email to the other parent stating that you will make other plans...
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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: I need help understanding a final modification to my parenting plan

It says Under Special conditions: The parties agree that the following special conditions apply to this Parenting Plan and equally to the parties.

It then lists A-P stipulations. on line P. The Mother shall exercise her parenting time with the children in the State of Georgia. Then it... Read more »

Homer P Jordan IV
Homer P Jordan IV
answered on Jun 3, 2022

We would need to see this to really understand what is going on. Nothing should have been done behind your back. Were you working with an attorney for your case? It shouldn’t have been approved without you reading it over and agreeing to it.

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: What do I do if my child’s father did not sign the birth certificate? I was 17, the father 18…

He didn’t want to sign because the baby was getting my last name and not his, he’s been so inconsistent and now our baby is almost 9 months old and he’s randomly trying to come around more and even mentioning having unsupervised visits with him. The baby is in my care 24/7 and I don’t feel... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on May 30, 2022

You can't stop him from filing a legitimation case. Fathers are presumed to be able to figure out how to parent just like you figured it out. When he files, you can hire an attorney to respond to the case. In the meantime, unless he has a severe drug, alcohol problem or something similar,... Read more »

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I have 7 summer days in custody schedule. Can I split the days to spend them on two consecutive weekends?

(2) In addition to the schedule set forth above, each party shall have an additional seven day period with the child. The party who’s notice controls shall notify the other party of their designated seven day period not later than April 1 of each year. Mother’s notice to Father shall control... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on May 27, 2022

7 day period usually is interpreted as 7 days consecutive. But you can attach the week to your weekend to me it longer.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Should I do my divorce separately from my childs father's rights
Zachary Taylor Beck
Zachary Taylor Beck
answered on May 24, 2022

I am not exactly sure what you mean by "divorce separately from my childs [sic] father's rights." If you are married to the child's father and seeking to divorce him, then the child's father will have to be a party to the divorce action and child custody will be handled in... Read more »

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1 Answer | Asked in Family Law for Georgia on
Q: Can my 14 year old daughter, with my permission, stay with her grandmother for the summer when my ex-wife doesn't agree?

We have shared custody, but she lives with me full-time and only sees her mother every other weekend. Mother is bi-polar and very controlling. Daughter loves my mother and wants to spend more time with her.

Homer P Jordan IV
Homer P Jordan IV
answered on May 17, 2022

You will need to refer to your custody order to see what it says regarding restrictions. The summer is a long time. Even if she can, the mother being able to see her every other weekend would still need to be honored so you are not in contempt.

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: I was ordered to pay child support for my daughter who will be 19 in June She's in college but has nothing to do with

I have continued to pay even though they were never compliant about ordered visitation . They have turned my daughter against me . Do I continue to pay??

Homer P Jordan IV
Homer P Jordan IV
answered on May 13, 2022

Child support typically ends at 18 or when they are finished with high school. She’s no longer a child, so unless there is some reason in your order that you have to keep paying it then you should be able to no longer do so. You may want to consult with an attorney who can review the facts of... Read more »

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: When does my child support end?

….

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on May 9, 2022

June.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can a PI use an eavesdropping and/or location tracking device in Georgia, a one-party consent state?

If police need a warrant for this, and it is unlawful for a private citizen to do so, wouldn't it also be unlawful for a PI to do the same? If lawful, why could information gathered this way be admissible in child custody cases when if gathered by a private citizen or law enforcement agency it... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on May 9, 2022

It is not illegal for a private citizen, which is what a private investigator is, to put a GPS tracking device on a vehicle in Georgia as long as it does not damage the vehicle and is not used to stalk or harass. The police are "state actors." Thus, the 4th Amendment's prohibition... Read more »

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